Lewin v. Skehan, 2012 ME 31

Divorce judgment awarded Lewin the real estate and responsibility for the first mortgage; Skehan was to pay the second mortgage and indemnify Lewin for debts other than the second mortgage.
Divorce allocated debt: Skehan solely responsible for the second mortgage; Lewin solely responsible for other debts and to indemnify Skehan.
Skehan paid monthly on the second mortgage and spousal support per the 2009 judgment; proceeds from selling specified personal property were to reduce the second mortgage balance.
Lewin refinanced the property in December 2009, consolidating the first and second mortgages into one loan in her name, paying off the second mortgage balance.
Skehan stopped direct payments on the second mortgage after refinancing; he later sold the motorcycle and Lewin sought contempt and modification of the judgment.
The post-judgment motions trial court granted Lewin’s contempt and modified the debt payment mechanism; Skehan appealed seeking reversal of contempt and modification orders.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether the modification to require Skehan to continue payments on the mortgage was lawful.	Skehan	Lewin refinanced to remove Skehan’s obligation; continuing payments to her was improper.	Vacated and remanded; modification improper as to enforcing second-mortgage payments.
Whether Skehan could be held in contempt after the refinance extinguished the second mortgage.	Lewin	Skehan could be in contempt for failure to pay debt as originally allocated.	Contempt vacated; no clear and convincing evidence Skehan was obligated to pay the second mortgage post-refinance.
Whether the post-judgment order properly treated the marital debt despite Lewin's refinancing.	Lewin	Debt distribution should be enforced through adjusted mechanisms, not reallocation of property.	Remanded to recalculate Skehan’s obligation based on adjusted principal and interest; revise mechanics of payment.
Whether the trial court properly computed the debt balance and credits (e.g., motorcycle proceeds).	Skehan	Court erred in omitting credits and miscalculating principal.	Remanded for recomputation of the debt balance, applying $11,200 as principal and considering credits.

Wrenn v. Lewis, 818 A.2d 1005 (Me. 2003) (clear error standard for contempt findings; ability to comply required)
Efstathiou v. Efstathiou, 982 A.2d 339 (Me. 2009) (essential element: ability to comply with court order in contempt)
Mitchell v. Flynn, 478 A.2d 1133 (Me. 1984) (ability to comply required in contempt analysis)
White v. Nason, 874 A.2d 891 (Me. 2005) (definite terms necessary for contempt order)
Copp v. Liberty, 818 A.2d 1050 (Me. 2003) (limits on modifying property division post-judgment; enforcement via mechanism adjustments)
Wardwell v. Wardwell, 458 A.2d 750 (Me. 1983) (public policy favoring finality of property distribution)
Black v. Black, 842 A.2d 1280 (Me. 2004) (court may adjust mechanisms for debt distribution without altering property division)
Torrey v. Torrey, 415 A.2d 1092 (Me. 1980) (refinancing mortgage may not relieve obligation to pay debt under judgment)
Corcoran v. Marie, 12 A.3d 71 (Me. 2011) (interpretation of divorce judgment to enforce debt distribution)
Hess v. Hess, 927 A.2d 391 (Me. 2007) (treatment of marital debt as marital property for distribution)
Weiss v. Brown, 691 A.2d 1208 (Me. 1997) (guidance on equitable distribution of marital debt)
Ames v. Ames, 822 A.2d 1201 (Me. 2003) (burden-shifting in contempt and ability to comply)